the county where the trial was had in prosecution of the conspiracy. Bowes's case, cited in Brisac's case, supra (1).

It has been holden the courts of Quarter Sessions have jurisdiction in cases of conspiracy. Rispal's case, 3 Bur. 1320; 1 W. Bl. 368.

DEAD BODIES;

OFFENCES RELATING TO (2).

Although larceny cannot be committed of a dead body, no one having a property therein (vide post, title, Larceny,) yet it is an offence against decency to take a dead body with intent to sell or dispose of it for profit ; and such offence is punishable with fine and imprisonment as a misdemeanor. An indictment charged (inter alia) that the prisoner, a certain dead body of a person unknown, lately before deceased, wilfully, unlawfully, and, indecently did take and carry away, with intent to sell and dispose of the same for gain and profit. It being evident that the prisoner had taken the body from some burial-ground, though from what particular place was uncertain, he was found guilty upon this count; and it was considered that this was so clearly an indictable offence, that no case was reserved. Gilles's case, 1 Russell, 415; Russ. and Ry. 366 (n.) (a). So to take up a dead body even for the purposes of dissection, [*380] is an indictable offence. Where, upon an indictment for that offence, it was moved in arrest of judgment, that the act was only one of ecclesiastical cognizance, and that the silence of the older writers on crown law showed that there was no such offence cognizable in the criminal courts, the court said that common decency required that the practice should be put a stop to; that the offence was cognizable in a criminal court as being highly indecent, and contra bonos mores; that the purpose of taking up the body for dissection did not make it less an indictable offence, and that as it has been the regular practice at the Old Bailey, in modern times, to try charges of this nature, the circumstance of no writ of error having been brought to reverse any of those judgments, was a proof of the universal opinion of the profession upon this subject. Lynn's case, 2 T. R. 733; 1 Leach, 497; see also Cundick's case, Dowl. and Ry. N. P. C. 13 (b).

The burial of the dead is the duty of every parochial priest and minister, and if he neglect or refuse to perform the office, he may, by the express words of canon 86, be suspended by the ordinary for three months; and if any temporal inconvenience arise, as a nuisance, from the neglect of the interment of the dead corpse, he is punishable also by the temporal courts by indictment or information. Per Abney, J., Andrews v. Cawthorne, Willes, 527 (n.)

To bury the dead body of a person who has died a violent death, be

(1) People v. Mather, 4 Wend. 229.

See Comm. v, Loring, 8 Pick. 370.

(a) 1 Eng. C. C. 366. (b) Eng. Com. L. Rep. xvi. 413.

fore the coroner has sat upon it, is punishable as a misdemeanor, and the coroner ought to be sent for, since he is not bound ex officio to take the inquest without being sent for. Clerk's case, 1 Salk. 377; Anon. 7 Mod. 10. And if a dead body in a prison or other place, upon which an inquest ought to be taken, is interred, or is suffered to lie so long that it putrifies before the coroner has viewed it, the gaoler or township shall be amerced. Hawk. P. C. b. 2, c. 9, s. 23.

The preventing a dead body from being interred has likewise been considered an indictable offence. Thus the master of a work-house, a servant, and another person, were indicted for a conspiracy to prevent the burial of a person who died in a work-house. Young's case, cited 2 T. R. 734.

Provision is made for the interment of dead bodies which may happen to be cast on shore, by the 48 Geo. 3, c. 75.

By the 2 & 3 Wm. 4, c. 75, for regulating schools of anatomy, (s. 10,) professors of anatomy, and the other persons therein described, being duly licensed, are not liable to punishment for having in their possession human bodies according to the provisions of the act.

Stealing deer.] The former statutes with regard to the offence of stealing deer, are repealed by the act of 7 and 8 Geo. 4, c. 27, and the law upon the subject is now contained in the 7 and 8 Geo. 4, c. 29.

By the 26th section of that statute, "if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any deer kept or being in the inclosed part of any forest, chace, or purlieu, or in any inclosed land wherein deer shall be usually kept, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny; and if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any deer kept in the uninclosed part of any forest, chace, or purlieu, he shall for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding fifty pounds, as to the justice shall seem meet; and if any person, who shall have been previously convicted of any offence relating to deer, for which a pecuniary

penalty is by this act imposed, shall offend a second time, by committing any of the offences herein-before last enumerated, such second offence, whether it be of the same description as the first offence or not, shall be deemed felony, and such offender, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny."

In an indictment under the latter part of this section for a second offence, the previous conviction must be correctly set out, otherwise the prisoner cannot be convicted upon such indictment. See Allen's case, R. and R. 513 (a). Where on an indictment under the above section for killing a deer after a previous conviction under the 28th section of the same statute, (see infra) the conviction did not substantively state where the first offence was committed, but in awarding the distribution of the penalty gave it to the overseers of D. in the said county "where the offence was committed;" such conviction was held good. Per Park, J., 5 C. and P., Weale's case, 135 (b).

By s. 27 of the above statute, suspected persons found in possession of venison, &c., and not satisfactorily accounting for the same, are rendered liable to a penalty not exceeding 201.

*By s. 28, persons setting snares or engines for the purpose of [*382] taking or killing deer, or destroying the fence of land where deer shall be kept, on conviction before a justice shall forfeit a sum not exceeding 201.

Power of deer-keepers, &c. to seize guns, &c.] By s. 29 of the above statute, if any person shall enter into any forest, chace, or purlieu, whether inclosed or not, or into any inclosed land where deer shall be usually kept, with intent unlawfully to hunt, course, wound, kill, snare, or carry away any deer, it shall be lawful for every person intrusted with the care of such deer, and for any of his assistants, whether in his presence or not, to demand from every such offender any gun, fire arms, snare, or engine in his possession, and any dog there brought for hunting, coursing, or killing deer; and in case such offender shall not immediately deliver up the same, to seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer.

Assaulting deer-keepers or their assistants.] By the same section, if any such offender (vide supra) shall unlawfully beat or wound any person intrusted with the care of the deer, or any of his assistants, in the execution of any of the powers given by this act, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny.

DISTURBING PUBLIC WORSHIP.

By the 52 Geo. 3, c. 155, s. 12, "if any person or persons, at any time after the passing of this act, do and shall wilfully and maliciously or con

(a) 1 Eng. C. C. 513. (b) Eng. Com. L. Rep. xxiv. 245.

temptuously disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship, permitted or authorized by this act, or any former act or acts of parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof, before any justice of the peace, by two or more credible witnesses, shall find two sureties to be bound by recognizances in the penal sum of fifty pounds, to answer for such offence, and in default of such sureties shall be committed to prison there to remain till the next general or quarter sessions; and upon conviction of the said offence at the said general or quarter sessions, shall suffer the pain and penalty of forty pounds."

[*383] *For a similar provision with respect to catholic chapels, but imposing a penalty of 201. for the offence, see the 31 Geo. 3, c. 32, s. 10. Upon an indictment found at the sessions under the Toleration Act, 1 W. and M. c. 18, for disturbing a dissenting congregation, it was held that, upon conviction each defendant was liable to the penalty of 20%. imposed by that statute, Hube's case, 5 T. R. 542.

This offence may be tried at the sessions, 52 Geo. 3, c. 155, s. 12, supra, or in the King's Bench, or at the assizes, if removed by certiorari from the sessions, Hube's case, supra; Wadley's case, 4 M. & S. 508.

Statutes 7 & 8 Geo. 4, c. 29, and 7 Wm. 4 & 1 Vict. c. 90.] The offence of house-breaking or stealing in a dwelling-house, was provided against by several statutes, which were repealed by the 7 & 8 Geo. 4, c.

27.

By the 7 & 8 Geo. 4, c. 29, s. 12, it is enacted, that if any person shall break and enter any dwelling-house, and steal therein any chattel, money, or valuable security, to any value whatever, every such offender, being convicted thereof, [shall suffer death as a felon.]

[ *384] *By the 3 & 4 Wm. 4, c. 44, the punishment of death was

repealed, and offenders, whether principals or accessaries before the fact, might be transported for life, or for not less than seven years, and previously to transportation, were liable to be imprisoned with or without hard labor, or to be confined in the penitentiary, for not exceeding four years, or were liable to be imprisoned with or without hard labor, for not exceeding four years, nor less than one year.

Now by the 7 Wm. 4 and 1 Vict. c. 90, s. 1, entitled "an act to amend the law relative to offences punishable by transportation for life," so much of the 3 & 4 Wm. 4, c. 44, as relates to the punishment of any person convicted of the offence of breaking and entering any dwelling-house, and stealing therein, as in that act mentioned, is repealed; and from and after the commencement of the act, every person convicted of any such offence shall be liable to be transported beyond the seas for any term not exceeding fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years.

By. s. 3, it is enacted," that in awarding the punishment of imprisonment, for any offence punishable under this act, it shall be lawful for the court to direct such imprisonment to be with or without hard labor in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labor, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet."

Principals in the second degree, and accessaries before the fact, are comprehended in the above act, and subjected to the same punishment as principals in the first degree. Accessaries after the fact seem still punishable (but see post, p. 391,) with two years' imprisonment, under the 7 & 8 Geo. 4, c. 29, s. 61, ante, p. 206; and by the 4th section of the same act, the court may award hard labor and solitary confinement, but such solitary confinement by the 7 Wm. 4 and 1 Vict. c. 90, s. 5, is not to exceed one month at a time, or more than three months in any one year; see ante, p. 333.

The 13th section of the 7 & 8 Geo. 4, c. 29, with regard to what shall be considered part of the dwelling-house in burglary, and which has been already given, ante, p. 326, applies likewise to this offence.

The offence of house-breaking differs from that of burglary, in requiring that an actual larceny should be committed in the house, a mere intent to commit felony not being sufficient, and also in not requiring that the offence shall be committed in the night.

The prosecution to support an indictment for house-breaking must prove, 1, the breaking and entering; 2, that it is a dwelling-house; 3, the larceny.

Proof of the breaking and entering.] It is sufficient to prove such a breaking and entering, as, if done in the night, would have constituted burglary. 1 Hale, 522, 526, 548. Foster, 108; 2 East, P. C. 638; 2 Russell, 47.

*If it should be proved to have been done in the night, so as [*385 ] to amount to burglary, it would seem that the party may, notwithstanding, be convicted of house-breaking. See Pearce's case, R. and R. 174 (a); Robinson's case, Id. 321; but see Tandy's case, 1 C. and P. 297 (b).

(a) 1 Eng. C. C. 174. (b) Eng. Com. L. Rep. xi. 398.